the callousness and ineptitude with which India deals with its limited resources is not just astonishing but appalling.
Land,
being a limited resource is one of the most important economic key resources
for any country. It is surprising that India is still devoid of modern land
laws and much awaited land reform bill namely Land Acquisition, Rehabilitation
and Resettlement Bill (LARR) has been languishing from one committee to another
for more than three years. Once again the discussion on the same remained inconclusive
in all party meet which is to be held again on 20th March 13.
Land
laws in India are highly complicated and archaic. It still follows century old
Land Acquisition Act of 1894 (amended in 1962 and 1984) which empowers the
investment hungry Govt. to forcibly acquire any area of land it deems fit in the
name of ‘emergency’ and ‘public purpose’ and in the process uprooting many
people from their place and depriving them of their only livelihood, that too
without much compensation and in some cases no compensation at all. Thus denuding
them of their primary civil right i.e. right to live and earn livelihood.
Fine
difference there is between lands grab and land development. There are quite a
few examples of powerful personage grabbing thousands of acres of land
illegally under the nose of Govt. yet it prefers to turn a blind eye. Successive
Governments in India has an abysmal track record of implementing land reforms. Land
ceiling laws and laws against land grab have been openly violated. Earlier in
the tenure of BJP, various massive benami land transactions were effected by Ramalinga
Raju of Satyama and recently Robert Vadra, son-in-law of Sonia Gandhi violated
land rules and acquired lands in Rajashthan and Haryana and resold it at a
premium. Yamuna Express Way project of JP Infratech approved by Mayawati also
shows the disregard of Govt. towards the interests of land holders. Governments,
mouthing virtuous slogans of ‘development,’ have actually justified massive
land grab to feed corporate greed. It seems that it is playing the role
of property dealer for industrialists and it is only poor land owners and
farmers who lose in this game.
Another
lacuna leading to faulty land laws is that Acquisition and requisition of
property falls in the concurrent list, which means that both the centre and the
state government can make laws on the matter. There are a number of local and
specific laws which provide for acquisition of land under them though the main
law that deals with acquisition remains Land Acquisition Act, 1894. Upcoming
land reforms must take into account that uniform land laws across the states
are of immense importance otherwise competitive policies of various states to
attract investment will bear negative consequences for inclusive growth of
Indian states.
The
new bill does propose for various measures significant for land owners,
livelihood earners and also for land purchaser. Much debated issues such as
definition of ‘public purpose’, compensation to both the land and livelihood
losers, loss of housing, tribal displacement plan, compensation more than on
market prices etc are being well addressed in LARR. However whether or not
these provisions will be implemented in spirit is the real question to ponder
over. As of now the future of the bill itself appears uncertain which did
receive momentum in Jun 2011 when Rahul Gnadhi visited Bhatta Parsol but only
to be hanging again in parliament due to never ending battle between central
and state Govt. It is notable that the original LARR was designed by National Advisory
Council headed by Sonia Gandhi. Despite being an issue flagged by Rahul and
Sonia Gandhi, it is hanging in balance since long. One must doubt if they are
actually concerned with implementing the bill.
Land
is a burning issue in all over the India. It is the most sensitive resource to
tackle politically and economically. Being the 7th largest country
in the world having 8.76 cr acre of land, there is certainly no dearth of land
in India yet the country seems land scarce just because of defective land
policies giving leeway to corruption. Even Supreme Court has observed the need to
scrap ‘fraud’ Land Acquisition Act of 1894 devised by some ‘sick people’. Countries
worldwide try their best to make the most of their natural resources preserving
it at the same time with all their might by keeping robust and rigorous natural
resources laws. However, the callousness with which India deals with its
limited resources is not just astonishing but appalling. 2G spectrum scam, coal
scam, Maharashtra water scam etc bear the testimony of how better Indian Govt.is
poised with addressing laws concerning its scarce possessions. It is high time
that it realizes the havoc what bad management of limited resources can bring.
After all you can import anything but natural resources!!
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